SB 966 — Public Records/Disaster Recovery Assistance

Florida Senate - 2020 CS for SB 966 FirstBy Engrossedthe 2020966e1Committee Aon billGovernmental toOversight beand entitledAccountability; An act relating to public records;

and Senator Gainer 585-03396-20 2020966c1 A bill to be entitled An act relating to public records;

providingdefining an exemption from public records requirements for property photographs and personal identifying information provided to specified entities by certain persons for the purposeterm of“financial disasterdocumentation”; recovery assistance;

providing an exemption from public records requirements for property photographs and financial documentation provided to the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency by or on behalf of an applicant for or a participant in a federal, state, or local housing assistance program for the purpose of disaster recovery assistance;

1318 Be It Enacted by the Legislature of the State of Florida:

1520 Section 1. Paragraph (f)(l) ofis added to subsection (5) of section 119.071, Florida Statutes, is amended to read:

119.071 General exemptions from inspection or copying of public records.— (5) OTHER PERSONAL INFORMATION.— (f)1. The(l)1. For followingpurposes informationof heldthis byparagraph, the Departmentterm of“financial Economicdocumentation” Opportunity,means theincome Floridastatements, Housingpaystubs, Financebank Corporation,statements, atax county,returns, apublic municipality,assistance orinformation, adisaster localrecovery housingbenefits, financesocial agencysecurity isdisability confidentialbenefits, and exemptinsurance frominformation. s.

2. Property photographs and applicant financial documentation provided to the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency by or on behalf of an applicant for or a participant in a federal, state, or local housing assistance program for the purpose of disaster recovery assistance for a presidentially declared disaster are confidential and exempt from s.

I of the State Constitution:

a. Medical history records and information related to health or property insurance provided to the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency by an applicant for or a participant in a federal, state, or local housing assistance program are confidential and exempt from s.

119.07(1) and s.

24(a), Art.

b. Property3. An photographsagency andprovided personalsuch identifyingconfidential informationand ofexempt anrecords applicantpursuant forto orsubparagraph a2. participant in a federal, state, or local housing assistance program for the purpose of disaster recovery assistance for a presidentially declared disaster.

2. Governmentalmay entitiesdisclose orsuch theirconfidential agentsand shallexempt haverecords access to sucha confidentialgovernmental andentity exemptor recordsits andagents information for the purpose of auditing federal, state, or local housing programs or housing assistance programs.

3. SuchThe confidentialentities and exempt records and information may be used in any administrative or judicialagents proceeding,receiving provided such recordsconfidential areinformation keptmust maintain the confidential and exempt unlessstatus otherwiseof orderedsuch byrecords. a court.

4. Sub-subparagraphSuch 1.b.confidential and exempt records may be used in any administrative or judicial proceeding, provided such records are kept confidential and exempt unless otherwise ordered by a court.

4. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.

Section 2. The Legislature finds that it is a public necessity that property photographs and personalapplicant identifyingfinancial informationdocumentation provided to the Department of anEconomic applicantOpportunity, forthe orFlorida participantHousing inFinance Corporation, a federal,county, state,a municipality, or a local housing assistancefinance programagency forby theor purposeon behalf of disasteran recoveryapplicant assistance for or a presidentiallyparticipant declaredin disaster,a heldfederal, bystate, theor Departmentlocal ofhousing Economicassistance Opportunity,program for the Floridapurpose Housingof Financedisaster Corporation,recovery aassistance county,for a municipality,presidentially ordeclared adisaster local housing finance agency, be made confidential and exempt from s.

24(a),24 (a), Article I of the State Constitution.

In response to a disaster,disaster an agency, in an effort to determine storm damage and ascertain the estimated cost of rehabilitation, may conduct a property inspection to observe and record damagethe topresence theof property.damage.

ThisThe informationdamage mayassessment bedata usedcollected tomay locateinclude theinterior damaged property and toexterior identifyphotographs andof contactsuch theindividual’s propertyresidence. owner or tenant.

FollowingThis ainformation disaster,may thebe peopleused affectedto arelocate vulnerablethe anddamaged frequentlyproperty displacedand dueidentify to the severely damaged and oftencontact uninhabitablethe conditionproperty ofowner theiror residences.tenant.

If released, propertythis photographs and personal identifying information couldmay be used by fraudulent contractors, predatory lenders, thieves, or individuals seeking to impose on the vulnerability of thea distressed property owner or tenant following a disaster.

Therefore, it is necessary that propertythis photographs and personal identifying information be protected to ensure that thosepeople affectedimpacted by a disaster aredo not harassed,have intimidated,sensitive orinformation potentiallyreleased. defrauded.